The Land Registration Fee Order 2021

EXPLANATORY NOTE

(This note is not part of the Order)

This Order replaces the Land Registration Fee Order 2013 (S.I. 2013/3174) (‘the 2013 Order’). It makes changes to land registration fees.

The main changes made by the Order are:

(1) An increase in the following fees:

(a) Scale 1 fees (articles 2 and 3 and Schedule 1);

(b) Scale 2 fees (articles 4 and 5 and Schedule 2).

(2) A change in the reduction of fees for applications to register transfers of the whole of a registered title, charges of the whole of a registered title and transfers of charges, where the applications are lodged electronically (articles 3(3), 4(3) and 5(8)). For these applications, the full Scale 1 or Scale 2 fee is reduced by 55% (previously 50%) and, where the reduced fee is not a multiple of £5, rounded to a multiple of £5.

(3) A change in the rounding provisions for the reduced fee for voluntary first registrations (articles 2(5) and 6(3)). For these applications, the fee is still reduced by 25% but, where the reduced fee is not a multiple of £5:

(a) it is rounded to a multiple of £5, where a Scale 1 fee is payable, and

(b) it is rounded down to the nearest multiple of £5, where the fee is a large scale application and the fee is assessed on land units (article 6(3)(b)).

Under the 2013 Order, where the reduced fee was not a multiple of £10, it was rounded down to the nearest £10.

(4) The provisions relating to outline applications in article 13(5) of and paragraph (9) of Part 1 of Schedule 3 to the 2013 Order have not been carried forward as outline applications were abolished by the Land Registration (Amendment) Rules 2018 (S.I. 2018/70).

(5) The inclusion of an express abatement (from the fee to register a notice) to provide that no fee is payable to register a notice in respect of a lease, where the application accompanies an application for the registration of the grant of an easement contained in the lease (paragraph (1) of Part 1 of Schedule 3).

(6) The inclusion of a new specified fee for applications for an entry relating to Right to Manage companies under rule 79A of the Land Registration Rules 2003 (S.I. 2003/1417) (paragraph (14) of Part 1 of Schedule 3). Under the 2013 Order, the fee for this application was payable under article 12 (applications that are not otherwise specified in the Order). The new specified fee is the same as the article 12 fee and so there is no change in the fee payable.

(7) The revision of the fees for historical editions of the register, so they now align with the fees for official copies (paragraph (6) of Part 2 of Schedule 3).

(8) The fee for the return of a document under rule 204 of the Land Registration Rules 2003 in paragraph (1) of Part 4 of Schedule 3 to the 2013 Order has not been carried forward, as rule 204 was revoked by the Land Registration (Amendment) Rules 2018.

(9) The amendment of the exemption relating to noting the death of a proprietor. The exemption now refers to a proprietor (rather than joint proprietor) and therefore applies to the recording of the death of a sole proprietor as well as a joint proprietor (paragraph (6) of Schedule 4).

(10) The inclusion of a new exemption for requests to note disclaimers of properties made by trustees in bankruptcy, liquidators, Treasury Solicitor (on behalf of the Crown), or the Solicitor to the Duchy of Lancaster or to the Duchy of Cornwall (paragraph (15) of Schedule 4).

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Chief Executive and Chief Land Registrar’s Office, HM Land Registry Head Office, Trafalgar House, 1 Bedford Park, Croydon CR0 2AQ and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.